Technology & Engineering Disputes

Technology and Engineering Disputes

CANDEY has extensive expertise and experience in high value disputes within the field of technology and engineering.  

Our lawyers act and have acted for multinational companies within the technology and engineering sectors in highly technical cases, always seeking to protect the business and where possible resolve disputes.

Where that is not possible we are very familiar with the Technology and Construction Court, a specialised division of the High Court.

We have successfully acted in large High Court trials with claims well in excess of £100m, involving multiple experts of different technical disciplines.

The team are extremely adept at working with inhouse teams and managing the significant disclosure and quantum aspects of these matters, often overlooked at the outset. Our aim is to work in partnership with client teams to make a tricky case enjoyable.

Mo Haque QC holds an engineering degree and has dealt with many such cases as Counsel (both product and non-product liability) acting for and against companies such as Balfour Beatty, Indesit and Iveco.

Yuri Botiuk has significant experience of costs and quantum issues arising from complex construction and engineering disputes having acted in long running litigation concerning the steelwork construction at Wembley stadium.

Andrew Dunn and William Stewart-Parker have both previously been seconded to the in-house legal team at Nissan and with Sonia Bamford continue to support clients in the automotive sector.


Recent cases which CANDEY has undertaken in this sector include:


  • Acting for Nissan Motor Manufacturing (UK) Limited and Nissan International SA in proceedings against an Italian battery manufacturer, FIAMM Energy Technology S.p.A in the Technology and Construction Court. The claim is valued at approximately €150 million. The claim has involved extensive multi-disciplinary expert evidence on both liability (battery, welding, and battery management system experts) and quantum issues.


  • Successfully representing Speciality Magnetics Limited (a company in the business of researching and developing MR scanners) in a multi-million pound Commercial Court claim. During the course of the litigation CANDEY successfully resisted an application by the defendant that the claim should be stayed pursuant to s.9 of the Arbitration Act 1996 on the basis of a so-called arbitration clause in the underlying agreement. The judge, Sir Jeremy Cooke, produced the most recent authority on the point relying on his previous decision in Kruppa v Benedetti [2014] EWHC 1887 (Comm). The judgment can be found here where in the same matter CANDEY also successfully defended an application for strike out/summary judgement and security for costs on a stifling argument.

 

  • Acting for Phillite D UK (a company in the operation of a secure payments platform) in a multi-million pound debt and / or breach of contract claim. The case involved highly technical issues in relation to cross-jurisdictional payment provision for various regulated services.

 

  • Representing LMR Estates Limited, the purchaser of a golf and country club, in a dispute with the vendor company and former owner over suspected structural defects identified in the construction of the club and misrepresentations made during the sale process. This case included CANDEY successfully seeking injunctive relief against the vendors to prevent dissipation of assets and the potential destruction of evidence relevant to the claim.

 

CANDEY works closely with in-house lawyers and technical sector specialists to gain a full understanding of all dimensions of any potential dispute. This insight can be of significant value to businesses in this sector, particularly at a time when industry is undergoing significant transformation. Such an approach enables CANDEY to implement innovative, effective and efficient strategies to resolve matters for its clients in such a way which fits in with the wider business considerations of clients from the technology and engineering sectors. 



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